Loading...
HomeMy WebLinkAboutReso 2010-1507 - RESOLUTION NO. 2010 - I Sb '7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH OFFSHORE EVENTS, LLC, FOR OFF-SHORE POWERBOAT RACES IN SUNNY ISLES BEACH SCHEDULED JUNE 10-13,2010, IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000.00), IN SUBST ANTIALL Y THE SAME FORM AS EXHIBIT "A", ATTACHED HERETO; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to present off-shore powerboat races from Thursday, June 10,2010 through Sunday, June 13,2010 to coincide with the City's 13th Anniversary Celebration; and WHEREAS, Offshore Events, LLC produces and promotes the sport of Offshore Powerboat Racing and the individuals, firms corporations and other business entities who participate therein and is an organization formed for the purposes of the promotion, development, organization and operation of powerboat racing events under the name of Offshore Events, LLC; and WHEREAS, Offshore Events, LLC and the City are desirous of entering into a mutually beneficial agreement whereby Offshore Events shall produce an offshore race event of no less than 4 days of activities including one day of sanctioned offshore powerboat races; and WHEREAS, the City wishes to enter into an agreement with Offshore Events LLC for off- shore powerboat races in the City from Thursday, June 10,2010 through Sunday, June 13,2010, in an amount not to exceed Forty Thousand Dollars ($40,000.00), in substantially the same form as Exhibit "A", attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The agreement with Offshore Events LLC for Off-Shore powerboat races in the City from Thursday, June 10,2010 through Sunday, June 13,2010, in an amount not to exceed Forty Thousand Dollars ($40,000.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization ofMavor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Attorney and City Manager. The City Attorney and City Manager are hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. R20 I 0- Offshore Events LLC Agmt Page 1 of2 - PASSED AND ADOPTED this 21st day of January 2010. ATTEST: ~~~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND G FFICIENCY: Moved by: Ct>~~~-Z'IIJ '-11(11 ~~'nJ-e.v Seconded by: Vote: 5-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl -1L(Yes) ~(Yes) ~(Yes) V (Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) R20IO- Offshore Events LLC Aglllt Page 2 01'2 - Offshore Events to Bring OPA racing and the Bimini Ocean Race back to the City Of Sunny Isles Beach Offshore Events, LLC. Will promote and oversee the entire race event. OPA Racing, LLC. is the sanctioning body and will provide the racers, event staff and referee. Location: Wet and dry pits located in Miami Dade Haul Over park. Race will take place beyond the base line in the Atlantic Ocean offshore of The City of Sunny Isles Beach Duration of (4) four days. Thursday, Friday, Saturday and Sunday. June 10 - 13,2010. $275,000 Functional budget. This amount provides the basic organization requirements for the event. The event will attract participants, fans and media from around the world. The race will be one of approximately eight races sanctioned by OPA around the country. The long term goals and accomplishments of this event are to establish a long term reoccurring annual event. Marketing: social media marketing began September 2009. roffshoreevents.netl, OE (offshore events) online magazine, Big Brothers, Big Sisters of Greater Miami, facebook, twitter, offshoreonly.com, seriousoffshore.com, youtube.com, racer's program, radio broadcast, internet broadcast, local TV media and an after event survey evaluation. Solicitation of sponsorship shall provide additional in-kind and funding support. This shall be our 3rd Annual Offshore Events Race in the City of Sunny Isles Beach. The event organizers are: Brad Schoenwald, Larry Goldman and Alon Steiger. The sanctioning body for 2010 shall be OPA Racing, LLC. They shall work with Offshore Events, LLC. and provide their own staff and referee for the weekend events. An estimated number of (40) teams shall participate Sunday, June 13, 2010. Significant changes in the world of offshore racing place the Sunny Isles beach event in perfect position to capture significant gains in becoming a premier event for years to come. . We have proven from year one and two we possess the knowledge skills and abilities to bring a functional race event to the city and receive significant national and international exposure and recognition. Overview Thursday, June 10 - Racer Village Opens (Haulover Park). Set-up of Tents, Port-a-potties, Registration area, Trash receptacles, Arrival of Cranes, Racers begin to arrive. Friday, June 11 - Racers continue to arrive, Registration, Welcome BBa for Racers in Race Village, Boat Parade down A1A and Racers Autograph Signing. Saturday, June 12 - Bimini & Back Race (open to public - morning), Professional Offshore Race Testing (will immediately follow the Bimini and Back race), Big Brothers, Big Sisters Offshore Gala (Dinner along with a Live & Silent Auction -location TBD). All proceeds from the Gala event shall benefit "Big Brothers, Big Sisters of Greater Miami". Sunday, June 13 - 3rd Annual City of Sunny Isles Beach Offshore Challenge - Final Race, Awards Ceremony, End of event. Breakdown of Race Village. ..' ~ Summary: Our third year will bring a stronger base and more unified organization structure. We have solicited and employed the services of volunteers who are qualified and skilled in event organization, grant wiring, and promotion. The degree to which we are now involved with AMF Racing better known as the "Miss Geico Race Team" will bring a world of exposure not previously felt at our events. In order to remove some of our previous difficulties we have already signed a contract with OPA and have direct support from AMF Racing The Sunny Isles Beach Offshore Challenge Is now recognized and referred to as a premier if not the premier Boat Racing Event in the country. We have every reason to believe the 2011 race will bring a full contingent of racers from P1 in Europe and possibly the first true world championship race in 2011. This 2010 race will prove to be the game changer event for powerboat racing and reestablish the greater Miami area as the king of offshore with the City of Sunny Isle Beach being the focal point. The City of Sunny Isles Beach is expected to provide a minimum of $40,000.00 cash sponsorship and In Kind support, collaboration with Offshore Events, LLC, Miami-Dade County, other municipalities. Offshore Events would expect the city to provide as much marketing, media coverage as possible as well as support Offshore Events in enthusiastic "esprit de corps" to accomplish our common goals. Attachment number 2 Page 1 of 13 CITY OF SUNNY ISLES BEACH AND OFFSHORE EVENTS POWERBOAT RACING AGREEMENT CONTRACT NO: C0910-024 THIS AGREEMENT (Agreement) IS entered into this day of , 2010, by and between the City of Sunny Isles Beach, a municipal corporation of the state of Florida ("the City") and Offshore Events, LLC, ("Offshore Events") a corporation operating and existing under the laws of the State of Florida. RECITALS WHEREAS, Offshore Events has as its purpose servicing and promoting the sport of Offshore Powerboat Racing and the individuals, firms, corporations and other business entities who participate therein and is an organization formed for the purposes of the promotion, development, organization and operation of powerboat racing events under the name of Offshore Events; and WHEREAS, Offshore Events and the City are desirous of entering into a mutually beneficial agreement whereby Offshore Events shall produce an offshore powerboat race event. ( , NOW THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Pavment: The City agrees to pay to Offshore Events an amount not to exceed $40,000.00 (Forty Thousand Dollars) for the powerboat race scheduled for Thursday, June 10, 2010, through Sunday, June 13,2010 (hereinafter referred to as "Race" or "Event"). (a) City's Responsibilities: The City's responsibilities for this Agreement shall be limited to an amount not to exceed $40,000 (Forty Thousand Dollars). All City costs associated with police, safety, rescue and all other City services, including regular pay, overtime pay, etc. shall be provided in kind by the City. The City's Public Works Department will provide assistance for areas within the City of Sunny Isles Beach and minimal assistance in setting up the Racer's Village. In addition to the $40,000 costs referenced above, the City shall provide the following fees and/or costs: (1) Non-paid advertising for press releases and local advertising; (2) space at event sites by the City, provided said areas may be located in the City as approved at the discretion of the City; and (3) Facilities, Race Areas, Registration and Meeting Rooms (if the space is available in City owned and operated facilities and upon request from Offshore Events and approved by the City, which approval will not be unreasonably denied). The City will provide in-kind advertising through the City's website, newspaper, and its local cable access channel, as well as through press releases to other news media outlets. OFFSHORE EVENTS Powerboat Racing Agreement 2010 1 Agenda Item No.lOC Date(j1i21120 10 Page 64 ... Attachment number 2 Page 2 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The City will also provide advertising through the City's e-mail "eSIBI" program and the City's official website, http://www.sibfl.net and the City's tourism web site, http://www.sunnyislesbeachmiami.com The City will make a good faith effort to obtain additional sponsor recruitment for the Race. However, under no circumstances will the City be financially responsible for any inability to secure such additional sponsor recruitment. The City will assist Offshore Events, if necessary, to obtain permits from Miami-Dade County or other governmental agencies. The City will provide Offshore Events with the use of meetings rooms for the driver's/racer's meetings on an as needed basis. The City will provide Offshore Events with the use of the City's available generators. However, Offshore Events will be responsible for any associated fuel costs during such use. The City will assist Offshore Events with pre-event tickets sales through the City's Cultural and Human Services Department. The City will make a good faith effort to obtain additional vendor recruitment for the Race. However, under no circumstances will the City be financially responsible for any inability to secure such additional vendor recruitment. (b) Offshore Event's Responsibilities: following fees and/or costs: Offshore Events shall be responsible for the (1) Registration and sanction fees; (2) Coast Guard permits and other necessary governmental permits and/or approvals; (3) paid advertising for print media, television and radio broadcasts; (4) obtaining any approval for on site properties located in Miami-Dade County; (5) Security to protect the areas that includes the Racers Village or Dry Pits, Wet Pits, Launching Area and Race Course; (6) Insurance Requirements; (7) Race Course set up; (8) Medical and Safety Teams; (9) Race Officials; (10) Links on its website to include the City's website, and one revolving banner thirty (30) days before the event and thirty days afterwards for promotional purposes; (11) Offshore Event's Race Coordinator; (12) Wrist Bands, weekend passes and/or credentials for the Race; (13) All activities listed on the Schedule of Events, attached hereto as Exhibit "A". The Schedule of Events shall include a nationally sanctioned offshore powerboat race off the coast of Sunny Isles Beach on Sunday, June 13, 2010. Offshore Events shall provide, or shall make the OFFSHORE EVENTS Powerboat Racing Agreement 2 Agenda Item No. IDe Date6ls'21!20 J 0 Page 65 - Attachment number 2 Page 3 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax necessary arrangements, for all technical inspections, chief referee, scorers, and other personnel deemed necessary for the operation of a nationally sanctioned powerboat race; (14) All costs associated with the Event's sanctioning body including but not limited to fees, prize money, travel expenses, staff, promotion, etc. (15) All medical and safety teams, as well as all necessary medical, patrol, turn, tow, pace and course set boats and drivers and volunteers or staff at a level deemed sufficient by the City; (16) All equipment, supplies, and personnel to produce the race events including but not limited to, the helicopters, cranes, transport vehicles, boats, docks, fencing, tents, coolers, signs, banners, flags, buoys, registration computers/printers, lights, portable restrooms, security, ticket sales, media relations, and race coordination; (17) Advertising and promotion of race events as first approved by the City; (18) Police and fire as deemed necessary by the City or Miami-Dade County, that is not provided in-kind by the City (e.g. Coast Guard, Marine Patrol, Miami-Dade Fire, etc.); (19) Prize money, trophies and all other associated fees and costs; and (20) Prominent sponsor area in the Racer's Village for City promotional products. 2. Term. This Agreement is for the Race scheduled for Thursday, June 10, 2010, through Sunday, June 13, 2010, and shall terminate at the end of said Race. The Race shall be scheduled to include the following: One (1) memorial race to Bimini and back on Saturday, June 12,2010. One (1) day of scheduled testing/qualifying/racing on Saturday, June 12, 2010. One (1) day of nationally sanctioned offshore powerboat racing along the shores of the City limits on Sunday, June 13,2010, with a minimum of three (3) and no more than six (6) racing events. The times for both dates shall be from 9:00 a.m. to 5:00 p.m. or as otherwise agreed to in writing by the parties. The number of races and category composition of the races may be modified depending on the number of boats registered to race in each category, the construction of the race course and in the interest of the safety of the offshore racers. The Chief Referee will be responsible for the determination of the number of races and category composition or as otherwise required by applicable Federal, State or local laws or the laws of the State of Florida and/or licenses, permits and approvals to conduct the Race. 3. Payment Schedule. The City shall pay the above referenced fees as follows: (a) the City will pay Offshore Events LLC up to $20,000.00 anytime after execution of this Agreement and before April 15, 2010, upon presentation of invoices to the City and confirmation of commitment by national sanctioning organization. (b) the City will pay Offshore Events LLC up to an additional $10,000.00 anytime after April 15, 2010, and May 15, 2010, upon presentation of invoices to the City and provided that all permits have been secured, verification of adequate safety personnel, insurance requirements are met and confirmation of financial ability to produce the race event as described above in Section 3. (c) the City will pay Offshore Events LLC a final payment of $10,000.00 at the completion of race event but not later than 5 days following the race event, upon presentation of invoices to the City. This final payment may be reduced in the event the City finds it necessary OFFSHORE EVENTS Powerboat Racing Agreement 3 Agenda Item NO.1 OC Date6\)'21/20 10 Page 66 Attachment number 2 Page 4 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax to direct pay any cost to support the event to insure its success as mutually agreed to with Offshore Events. 4. Coast Guard Permits and Other Necessary Governmental Permits and/or Approvals. Offshore Events shall (a) make prompt application to the Coast Guard and any other necessary governmental agencies, including but not limited to Marine Patrol, Miami-Dade County, etc. to obtain permits and other approvals required for racing on Thursday, June 10, 2010, through Sunday, June 13, 2009 from 9:00 a.m. to 5:00 p.m. on all dates, or as otherwise agreed to in writing by Offshore Events, (b) furnish accurate and complete information regarding the Race, as required, (c) pursue such app1ication( s) with diligence, (d) cooperate in good faith with the Coast Guard and any other necessary governmental agencies to obtain such permits and approval(s). Offshore Events hereby agrees to cooperate with City and comply with all requirements of the Coast Guard and any other governmental agencies for such permits and/or approval(s) and shall furnish the City with a copy of said applications and a copy of said permits and/or approvals promptly after receipt thereof. Offshore Events shall provide the Coast Guard or any government agency with any documents, information and any other relevant requirements including but not limited to its safety plan and race course information. In addition, Offshore Events shall attend and/or conduct preliminary meetings with the Coast Guard and/or any such government agency, if necessary. 5. Production Materials and Media Coverage. For promotions pnor to the Race, Offshore Events shall provide the following: (a) Offshore Events will provide national and local advertising of the race event to adequately market the event at their sole expense including banners to advertise to Sunny Isles Beach residents; (b) Offshore Events will make a good faith effort to attract television and radio coverage of the event to be aired simulcast via radio and/or post event via television; (c) The City will provide press releases at its sole expense. However, any paid advertising will be the responsibility of Offshore Events; (d) Press releases, promotions and advertising are to take place at least thirty (30) days prior to the event. Offshore Events shall concentrate on promoting the event through the use of press releases, promotions and advertising during the final two (2) weeks before the event; and (e) All promotional materials must include the official Offshore Events logo, the official race logo and the official City logo. 6. On Site Properties Offshore Events will provide the following space at event sites: OFFSHORE EVENTS Powerboat Racing Agreement 4 Agenda Item No.1 OC Date&i21/201O Page 67 Attachment number 2 Page 5 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (a) Wet pit area; (b) Dry pit area for racers; (c) Promotion area within dry pit; and (d) Two (2) City display areas at lOx 10 each. To the extent any or all of the areas indentified in subparagraph (a) through (d) above are located in Haulover Park, Miami Dade County, Offshore Events is responsible for securing the respective area(s) from Haulover Park, and obtaining the requisite approval from Miami-Dade County. In addition, Offshore Events is responsible for any associated fees. 7. Facilities, Race Areas, Registration and Meeting Rooms. The City shall provide certain specific designated areas for the location of the racing event, facilities and meeting rooms (assuming said areas may be located in the City) including but not limited to the following areas: (a) Registration: The City will make a good faith effort to secure adequate space and location in the City for the Racers' Registration area. The area must be large enough for eight (8) 6ft tables in a "V" shape around the room with 8 chairs. A copy machine and outside phone line must be easily accessible. Space must be secured by locked door at night, if feasible. However if the City is unable to do so, Offshore Events shall be responsible for the associated costs. \ (b) Drivers' Meeting: The City will make a good faith effort to secure adequate space and location in the City for the Drivers' Meetings Area, to be set up theatre style for 300 people with overhead projector, screen, podium, and microphone; however if the City is unable to secure adequate space and location in the City for the Drivers' Meeting Area, and is also unable to obtain sponsors to defray the associated costs, then Offshore Events shall be responsible for all associated costs. (c) Award Ceremony: The location of the award's ceremony must be approved by the City in writing prior to the Race Event. 8. Security. Offshore Events shall provide adequate security to protect the areas that include the Racers Village or Dry Pits, Wet Pits, Launching area and Race Course. 9. Insurance Requirements: Offshore Events shall be required to obtain, at its own expense, insurance as specified in this section. Offshore Events will not be permitted to commence work associated with the Event (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the City as specified below. Offshore Events shall maintain the required insurance throughout the entire duration of the Race and any extensions specified in any attached schedules. Failure to comply with this provision shall release the City of any obligation to compensate Offshore Events. Further, any material misstatement in the application for insurance coverage shall release the City from its obligations to pay under this agreement. Offshore Events shall provide, to the City, as OFFSHORE EVENTS Powerboat Racing Agreement 5 Agenda Item No.IOC Da te&g'2l/2 010 Page 68 Attachment number 2 Page 6 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax satisfactory evidence of the required insurance, including (1) the insurance policy application and (2) either: Original Certificate ofInsurance or Certified copy of the actual insurance policy. An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the City Manager of the City of Sunny Isles Beach at least thirty (30) days prior to the Event. The insurance policy must state that the City of Sunny Isles Beach is the certificate holder and additional named Insured. Insurance should be mailed to: City of Sunny Isles Beach c/o City Manager 4th Floor 18070 Collins Avenue Sunny Isles Beach, FL 33160 All insurance policies must specifY that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the City by the insurer. ( \ Acceptance and/or approval of Offshore Events' insurance shall not be construed as relieving Offshore Events from any liability or obligation assumed under this contract or imposed by law. The City of Sunny Isles Beach, Florida, its employees and officials shall be included as "Additional Insured" on all policies. Any deviations from these General Insurance Requirements must be requested in writing and approved by the City Manager or his designee. Offshore Events shall furnish the City with a certificate evidencing the minimum insurance coverage required hereunder no later than thirty (30) days prior to the Race. Prior to commencement of work governed by this contract, Offshore Events shall obtain General and Excess Liability Insurance. Coverages shall be maintained throughout the life of the contract and include, as a minimum: · $1,000,000.00 (One Million) in general liability insurance · $4,000,000.00 (Four Million) in excess liability insurance · $10,000.00 (Ten Thousand) in medical expense insurance - anyone person · $50,000.00 (Fifty Thousand) in excess medical insurance (secondary to primary insurance carrier) · $10,000.00 (Ten Thousand) in accidental death insurance, anyone occurrence · $500,000.00 (Five Hundred Thousand) in fire damage insurance - anyone occurrence Furthermore, Offshore Events shall also require that all participants, competitors, racers and organizations involved in the Race to execute an Indemnification and Hold Harmless Agreement OFFSHORE EVENTS Powerboat Racing Agreement 6 Agenda Item No.1Oe Date@.i21/20] 0 Page 69 -' Attachment number 2 Page 7 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax for the benefit of the City and Offshore Events shall submit same to the City Manager prior to the Race. 10. Indemnification and Hold Harmless. Offshore Events agrees to indemnify, hold harmless and defend the City, including its officers, agents and employees, from and against any loss, damage or expense (including all costs and reasonable attorney's fees) suffered by City from (a) any breach from Offshore Events of this Agreement, (b) any inaccuracy in or breach of any of the representations, warranties of covenants made by Offshore Events herein, (c) any claims, suits, actions, damages or causes of action arising during the term of this Agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of the use of the property by Offshore Events' agents, employees, invitees, and all other persons, and (d) any claims, suits, actions, damages or causes of action of any kind whatsoever arising during the term of this Agreement for any personal injury, loss of life or property damage sustained by reason of this Agreement, its execution and/or its performance by Offshore Events or the participants in the Race. Such obligation to indemnify, hold harmless and defend shall continue notwithstanding any negligence or comparative negligence on the part of the City relating to such loss or damage and shall include all costs, expenses and liabilities incurred by the City in connection with any such claim, suit, action or cause of action, including the investigation thereof and the defense of any action or pn?ceeding brought thereon and any order, judgment or decree which may be entered in any such action or proceeding or as a result thereof. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges, and immunities under the doctrine of sovereign immunity and as set forth in Section 768.28, Florida Statutes. 11. Medical, Patrol, Turn, Tow, Pace and Course Set Boats. Offshore Events shall provide a minimum of four (4) medical and ten (IO) patrol boats for test only days. Offshore Events shall provide a minimum of eight (8) medical, ten (IO) patrol, one (I) turn boat per race course turn, and a minimum of 3 Pace Boats during race days. Offshore Events shall be in total control of all paceboats, crews and times on the water during race days. The City may not sell the right to be a paceboat without the express written permission of Offshore Events. All committee boats are to have a flag at least 12 "x 18" to identify it as an official race support vessel. Other equipment details for boats are contained in Offshore Event's Race Handbook. 12. Race Course Set Up. Offshore Events will furnish a vessel with a Captain and 2 additional crew members along with all supplies needed to set up the race course and spectator lines. Offshore Events will furnish at its own expense the turn buoys. Details of the course are located in Offshore Event's Race Handbook. The Offshore Events Chief Starter will assist with the course set up. 13. Medical and Safety Teams. Offshore Events shall provide, at its own cost, medical and safety teams including water rescue divers at levels acceptable and approved by the City of Sunny Isles Beach Police Department. OFFSHORE EVENTS Powerboat Racing Agreement 7 Agenda Item No. JOe Date7b'2 1/20 I 0 Page 70 1 ..... Attachment number 2 Page 8 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Offshore Events shall provide two (2) helicopters to be used to transport the medical and safety personnel including EMT's and/or certified medical divers. Helicopters must be capable of carrying three medical and safety personnel with up to 40 Ibs. of equipment each and reaching speeds of up to 100 knots. 14. Race Officials. Offshore Events shall provide its own race officials or provide race officials contracted through sanctioning body including its Chief Referee, scorer(s), technician(s) and inspector(s) and other personnel deemed necessary to the operation and conduct of the Race. The City will make a good faith effort to secure local volunteers, assistants and/or committees to aid in the Race. 15. Web Pages. Offshore Events shall place a link on its official website to include the City's official website. ~ Wrist Bands. Offshore Events shall provide all wrist bands, weekend passes and/or credentials for the Race. The wrist bands, passes and/or credentials shall be distributed in accordance with Offshore Events's customary rules, regulations, methods, policies and procedures adopted by Offshore Events and in compliance with insurance requirements. The City will provide the needed passes or tickets for spectators, local sponsors, local VIP's and/or non-participants to be supplied by Offshore Events. l.L. Sponsorship. Offshore Events and the City may recruit sponsors for the Race subject to the approval of the other. Approval of the parties shall not be unreasonably withheld so long as there is not a conflict with Offshore Events or City sponsorship already in existence or other Offshore Events or City arrangement or commitment already in existence. All promotional materials must also be approved by Offshore Events and the City in order to insure that there is no conflict with Offshore Events or City's sponsors. A sponsorship package will be given to the City for its official file. All use of the Offshore Events logo or trade name or any other Offshore Events promotional material must also be approved by Offshore Events prior to its use. All use of the official race logo or City logo for any promotional material must also be approved by the City prior to its use. I8.Additional Events or Activities. The City may also arrange for other events or activities in conjunction with the event provided written approval is given by Offshore Events and provided that said event or activity is covered under the Offshore Events general liability insurance policy or provided that Offshore Events obtain additional or supplemental coverage for said event or activity and that City is provided with a copy evidencing proof of said coverage prior to entering into any contract concerning said event or activity. 19. Disclosure. Offshore Events shall be required to list any or all potential conflicts or interest, as defined by Florida Statute Chapter 112, Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by the City of Sunny Isles Beach Ordinance No. 99- 82, which are incorporated herein by reference as if fully set forth herein. Offshore Events shall OFFSHORE EVENTS Powerboat Racing Agreement 8 Agenda Item No.Ioe Date71y2l120lO Page 71 Attachment number 2 Page 9 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax disclose to the City all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the City. 20. Public Entity Crime. "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". By execution of this Agreement, Offshore Events warrants that it is in compliance with this requirement. 21. Complete Agreement. The terms and conditions of this Agreement, together with any exhibits and schedules attached hereto or referenced herein, constitute the final, complete, and exclusive understanding between the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral or written. \ 22. Arbitration and Mediation. The merits of any dispute arising under, out of, in connection with, or in relation to this agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association If the parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall be held before the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of the State of Florida having jurisdiction. Before submitting a dispute to Arbitration,. the parties shall first attempt to resolve the dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either party may give notice for a Mediation session before a Mediator appointed by mutual agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection of a mediator, such mediation shall be held before the American Arbitration Association. The Mediator shall make a recommendation to the parties in the form of a written mediated settlement agreement. Each party to the dispute shall sign such agreement after receipt of the same or immediately file a demand for Arbitration, in which event the parties shall proceed to Arbitration in accordance with the previous paragraph. All costs of the Arbitration, including Mediation and the legal action to confirm and enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of Arbitration and Mediation as may be determined by the court on confirmation. OFFSHORE EVENTS Powerboat Racing Agreement 9 Agenda Item No.10C Datejj21/2010 Page 72 Attachment number 2 Page 10 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 23. Construction. Whenever the sense of this Agreement requires, words of the singular number shall be construed to be plural and vice versa, and words of the masculine gender shall be construed to be feminine and vice versa. 24. Original Documents. This Agreement shall be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one instrument. 25. Amendment. This Agreement may be altered, amended or terminated only by a writing signed by all of the Parties. All amendments or modifications of this Agreement shall be binding upon the parties despite any lack of consideration so long as such amendment or modifications are in writing and executed by the parties. 26. Merger of Agreements. This Agreement supersedes any and all prior agreements or contracts, whether oral or in writing, if any, entered into between the parties as of the date hereof, which agreements, if any, are merged herein. 27. Notice. Any notice required to be given hereunder shall be deemed duly given if mailed in any United States post office, by registered or certified mail, return receipt requested, or by messenger service or telecopy with acknowledgment of receipt. Such notice shall be effective on the date appearing on the return receipt. Notices shall be sent to the following addresses or to such other addresses as any party listed may designate in writing to all other parties: To Offshore Events: Brad Schoenwald 6955 W Broward Blvd Plantation, FL 33317 To City : City Manager and City Attorney City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, FL 33160 OFFSHORE EVENTS Powerboat Racing Agreement 10 Agenda Item No.] OC Date?l.3'2 1/20 10 Page 73 Attachment number 2 Page II of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 28. Waiver. The waiver of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of any subsequent breach by said party, unless otherwise expressly provided in this Agreement. 29. Severability. The terms of the Agreement are independent of and severable from each other, and neither this Agreement nor any provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable, in whole or in part for any reason. The section and paragraph headings are for convenience only and shall not affect the meaning or interpretation of this Agreement 30. Assignability. This Agreement shall not be assigned in whole or in part except by written agreement of the parties. The terms of this Agreement shall be binding and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Nothing herein expressed or implied is intended to confer on any person other than the parties hereto any rights, remedies, obligations or liabilities under or by reason of this Agreement. 31. Events of Default, Termination of Agreement and Remedies. (a) The following shall constitute events of default: (1) Any material misrepresentations, written or oral, made by Offshore Events and/or its representatives; (2) Failure by Offshore Events to timely perform and/or observe any of the terms and conditions of this Agreement; (3) Insolvency or bankruptcy on the part of Offshore Events. (b) The occurrence of any event of default to the City may, at the sole option of the City, work as an immediate and automatic forfeiture of any rights conferred under this Agreement. (c) In the event that Offshore Events default, the City shall have all legal remedies available to it, including but not limited to termination of this Agreement upon ten (10) days written notice to Offshore Events. In the event of such termination, the City shall be entitled to refund of all deposits paid to Offshore Events. 32. Cancellation: In the event the Race, scheduled for Thursday June 10, 2010, through Sunday June 13,2010, is cancelled due to an act of God, inclement weather (e.g. flash OFFSHORE EVENTS Powerboat Racing Agreement 11 Agenda Item No.] DC Date74'2112DID Page 74 .. Attachment number 2 Page 12 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax floods, excessive winds, lightning, hurricane, fire, etc.) or by the occurrence of any other event beyond the reasonable control of the parties hereto, all parties shall be excused from any further performance of the obligations and undertakings set forth under the terms of this Agreement. In the event of such cancellation, the City shall be offered a 100% credit by Offshore Events for all fees and/or costs paid by the City to OFFSHORE EVENTS, provided the Race is rescheduled to occur in the City within 6 (six) months of the originally schedule Race dates. However, in the event Offshore Events does not reschedule the Race in the City within 6 (six) months of the originally schedule Race dates, City shall be entitled to a 100% refund of all fees and/or costs paid to Offshore Events. 33. Uncontrollable Circumstances ("Force Majeure"): The City and Offshore Events will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their reasonable control including but not limited to fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: ( (a) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration and continues to furnish timely reports therero during the period of the Force Majeure; (b) the excise of performance is of no greater scope and of no longer duration than is reasonably required by Force Majeure; (c) no obligations of either party that arose before the Force Majeure causing the excuse of performance are expected as a result of the Force Majeure; and (d) the non-performing party uses its best efforts to remedy its inability to perform. 34. Miscellaneous. (a) The City shall not enter into a similar contract or agreement with any other racing organization for this Race event unless agreed to in writing by Offshore Events. (b) Each of the signatories by signing below certifies and warrants that they are empowered to act and execute this Agreement on behalf of the respective parties. ( c) It is expressly understood and agreed that this Agreement is for the duration of this Race event only and that Offshore Events has no right or privilege other than that expressly provided herein. OFFSHORE EVENTS Powerboat Racing Agreement 12 Agenda Item No.lOC Datej121 /20 1 0 Page 75 Attachment number 2 Page 13 of 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. WITNESSES: OFFSHORE EVENTS, LLC. BY: Signature of Corporate Officer ATTEST CITY OF SUNNY ISLES BEACH Jane Hines, CMC, City Clerk BY: Norman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Hans Ottinot, City Attorney OFFSHORE EVENTS Powerboat Racing Agreement 13 Agenda Item No. ] oc Date'M2 1/20 1 0 Page 76 ...... Attachment number 3 Page 1 of2 Offshore Events to Bring OPA racing and the Bimini Ocean Race back to the City Of Sunny Isles Beach Offshore Events, LLC. Will promote and oversee the entire race event. OPA Racing, LLC. is the sanctioning body and will provide the racers, event staff and referee. Location: Wet and dry pits located in Miami Dade Haul Over park. Race will take place beyond the base line in the Atlantic Ocean offshore of The City of Sunny Isles Beach Duration of (4) four days. Thursday, Friday, Saturday and Sunday. June 10 - 13, 2010. $275,000 Functional budget. This amount provides the basic organization requirements for the event. The event will attract participants, fans and media from around the world. The race will be one of approximately eight races sanctioned by OPA around the country. The long term goals and accomplishments of this event are to establish a long term reoccurring annual event. Marketing: social media marketing began September 2009. [offshoreevents.net], OE (offshore events) online magazine, Big Brothers, Big Sisters of Greater Miami, facebook, twitter, offshoreonly.com, seriousoffshore.com, youtube.com, racer's program, radio broadcast, internet broadcast, local TV media and an after event survey evaluation. Solicitation of sponsorship shall provide additional in-kind and funding support. This shall be our 3rd Annual Offshore Events Race in the City of Sunny Isles Beach. The event organizers are: Brad Schoenwald, Larry Goldman and Alon Steiger. The sanctioning body for 2010 shall be OPA Racing, LLC. They shall work with Offshore Events, LLC. and provide their own staff and referee for the weekend events. An estimated number of (40) teams shall participate Sunday, June 13, 2010. Significant changes in the world of offshore racing place the Sunny Isles beach event in perfect position to capture significant gains in becoming a premier event for years to come. We have proven from year one and two we possess the knowledge skills and abilities to bring a functional race event to the city and receive significant national and international exposure and recognition. Overview Thursday, June 10 - Racer Village Opens (Haulover Park). Set-up of Tents, Port-a-potties, Registration area, Trash receptacles, Arrival of Cranes, Racers begin to arrive. Friday, June 11 - Racers continue to arrive, Registration, Welcome BBQ for Racers in Race Village, Boat Parade down A 1 A and Racers Autograph Signing. Saturday, June 12 - Bimini & Back Race (open to public - morning), Professional Offshore Race Testing (will immediately follow the Bimini and Back race), Big Brothers, Big Sisters Offshore Gala (Dinner along with a Live & Silent Auction - location TBD). All proceeds from the Gala event shall benefit "Big Brothers, Big Sisters of Greater Miami". Sunday, June 13 - 3rd Annual City of Sunny Isles Beach Offshore Challenge - Final Race, Awards Ceremony, End of event. Breakdown of Race Village. Agenda Item No.1 DC Date#21/2DIO Page 77 ~, Attachment number 3 Page 2 of2 Summary: Our third year will bring a stronger base and more unified organization structure. We have solicited and employed the services of volunteers who are qualified and skilled in event organization, grant wiring, and promotion. The degree to which we are now involved with AMF Racing better known as the "Miss Geico Race Team" will bring a world of exposure not previously felt at our events. In order to remove some of our previous difficulties we have already signed a contract with OPA and have direct support from AMF Racing The Sunny Isles Beach Offshore Challenge is now recognized and referred to as a premier if not the premier Boat Racing Event in the country. We have every reason to believe the 2011 race will bring a full contingent of racers from P1 in Europe and possibly the first true world championship race in 2011. This 2010 race will prove to be the game changer event for powerboat racing and reestablish the greater Miami area as the king of offshore with the City of Sunny Isle Beach being the focal point. The City of Sunny Isles Beach is expected to provide a minimum of $40,000.00 cash sponsorship and In Kind support, collaboration with Offshore Events, LLC, Miami-Dade County, other municipalities. Offshore Events would expect the city to provide as much marketing, media coverage as possible as well as support Offshore Events in enthusiastic "esprit de corps" to accomplish our common goals. Agenda Item No.IOC Date71g'21/20 I 0 Page 78 - Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax ~/n~~ORa~DUM TO: The Honorable Mayor and City Commission FROM: Susan Simpson, Cultural and Human Services Department DATE: 1/21/2010 RE: Resolution to approve the Offshore Powerboat Race Agreement RECOMMENDATION: It is recommended that the City Commission consider the attached agreement to produce an offshore powerboat race with Offshore Events, LLC in an amount not to exceed Forty Thousand Dollars ($40,000.00). REASONS: It is the desire of the City to include a nationally sanctioned powerboat race in conjunction with the City's annual anniversary celebration on Sunday, June 13, 2010. Offshore Events, LLC is a local race producing company that will plan and produce the entire Sunny Isles Beach Offshore Challenge Weekend between June 10 and June 13, 2010. Offshore Events, LLC has contracted with OPA Powerboat Racing to insure a nationally sanctioned race on Sunday, 6/13/10. ADDITIONAL INFORMATION: In addition to the financial commitment, the City will also assist with in-kind advertising and marketing of the event, providing in-kind Public Works support and, for events within the city, Police Department support. The Cultural and Human Services Department will assist with logistics of the event as needed as well as the liaison between Offshore Events, LLC and the City. FUNDING SOURCE: This amount is in the approved budget account number 10.572.5574, Special Events. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=161&MeetingID=0&MeetingDate...l/14/20 1 0